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Poster: abisynthe Date: Nov 6, 2010 3:32am
Forum: feature_films Subject: Re: MORE TO COME

Quote: registration was only necessary if you wanted to pursue copyright violators for damages

That would be actual damages, no statute punitive damages. If I sue you for a kleenex, I will pay the lawyer fees to win one cent.

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Poster: Video-Cellar Date: Nov 6, 2010 4:36am
Forum: feature_films Subject: Re: MORE TO COME

No, a timely registration was required to pursue statutory damages. It is still a feature of copyright law that in order to pursue federal statutory damages (and costs) a federal copyright registration must be filed. A copyright infringement case cannot be pursued without a registration because it acts as the only prima facie evidence of the copyright.

This post was modified by Video-Cellar on 2010-11-06 11:36:46

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Poster: abisynthe Date: Nov 6, 2010 10:34am
Forum: feature_films Subject: Re: MORE TO COME

For works prior to 1989.

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Poster: Video-Cellar Date: Nov 6, 2010 4:45pm
Forum: feature_films Subject: Re: MORE TO COME

No, registration of US works and Non-Berne foreign works is still currently required to pursue court action in the US. Timely registration (before publication or within three months of publication) is required to access the full range of rights and remedies.

From Copyright Office Circ- 1 Copyright Basics (Revised Aug 2010) -

"Copyright Registration
In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration.
Among these advantages are the following:
• Registration establishes a public record of the copyright claim.
• Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.
• If made before or within five years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
• If registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
• Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies. For additional information, go to the U. S. Customs and Border Protection website at www.cbp.gov/."

The full circular is available here

This post was modified by Video-Cellar on 2010-11-06 23:45:32